Federal Agencies Reporting Requirements
The U.S. Government National Archives and Records Administration (NARA)
Building on existing directives and regulations, NARA and the Office of Management and Budget (OMB) released updates in 2019 and 2022 requiring role-based instant message archiving and recording.
“… Federal agencies are responsible for properly managing electronic messages … including SMS texts, encrypted communications, direct messages…or any other type of electronic messaging system or account.” Read more…
Freedom of Information Act (FOIA)
The amended FOIA now includes public access to the instant messages, voicemail, text messages and encrypted communication of federal employess.
The Federal Records Act
The Federal Records Act, as amended, establishes the framework for records management programs in Federal Agencies and includes requirements for preservation of electronic messages as part of the public record
Federal Rules of Civil Procedure (FRCP)
Text messages are subject to litigation hold measures secured by Rule 45 subpoena and thus must be preserved.
